A Quick Summary:
- Experienced DUI lawyers are the key to fighting DUI and DWAI charges in Colorado. A good DUI lawyer knows how to throw out evidence, negotiate a plea, and get charges dropped or reduced.
- Driving under the influence of drugs, alcohol or both is a DUI in Colorado. Penalties vary based on BAC level, number of prior offenses, and severity of the situation
The first steps after a DUI arrest such as contacting a DUI lawyer, documenting the arrest, and gathering related paperwork are key to building a strong defense.
Understanding DUI Charges
DUI charges are serious criminal charges in Colorado that can change your life. Drunk driving, also known as driving under the influence (DUI), is the basic definition of operating a vehicle when impaired by drugs, alcohol, or both. For most drivers in Colorado, the legal blood alcohol content (BAC) level is 0.08%; but for commercial drivers and those under 21 it’s lower. A DWAI (Driving While Ability Impaired) charge which is less severe than a DUI but still carries hefty fines can arise from a blood alcohol content of 0.05% or above. The consequences of a DUI or DWAI charge can be life-changing in many ways. Penalties may include:
- Big fines
- License suspension
- Mandatory alcohol education
- Community service
- Jail time
For first-timers the penalties are bad, but for repeat offenders the penalties are even worse, longer sentences and higher fines. To build the best defense it’s good to understand DUI laws and the charges against you.
For those under 21, even a tiny amount of alcohol can be criminal. For minors in Colorado the legal limit is 0.02% or higher. As long as minors are under a 0.05 BAC they will be charged with underage drinking and driving, or UDD. It’s a class A traffic infraction, also known as a “baby DUI”. In many UDD cases, the minor will also be charged with Minor in Possession (MIP) as well.
Remember DUI charges are not just about alcohol impairment. Driving under the influence of drugs, whether prescription, over-the-counter, or illegal substances is also a DUI in Colorado. In these cases, the charges can be more complex and require specialized legal expertise to navigate the court process and defense strategies.
First Steps After a DUI Arrest
The days after a DUI arrest are crucial and can have a big impact on how your case goes. Your best move is to contact a top criminal defense lawyer in your area right away. A Colorado DUI lawyer can give you the information and guidance to help you through what’s coming. Make sure to document everything that happened before and during your arrest. Your defense lawyer may find this information very helpful in building your case.
Get everything in a folder. This includes any paperwork from the police, court dates, and any other relevant info. You may have as little as 7 days to request a DMV hearing for a refusal or breath test. By doing this you can build your defense and increase your chances of a good outcome.
DUI Lawyer
A DUI lawyer is the key to defending against DUI charges. They attack the evidence, protect your rights, and try to get the best result. One common defense is to attack the stop. Did the officer have probable cause to pull you over? If not the stop and any evidence that followed may be thrown out. DUI lawyers also attack the breathalyzer tests which can be wrong due to improper calibration or maintenance.
A DUI lawyer can:
- Use their knowledge of the local courts to your benefit
- File motions to suppress evidence that was obtained illegally
- Cross-examine prosecution witnesses to discredit them
- Present your case in the best light
- Get through the prosecutor’s objections.
Negotiating plea deals is another part of a DUI lawyer’s job. They can reduce charges or penalties so you’re not overcharged and any sentence is fair. With their knowledge of DUI-specific laws and procedures they can prepare for and counter the prosecution’s strategy and give you the best defense.
Types of DUI
DUIs in Colorado are categorized into several types depending on the circumstances and severity of the incident. These include:
- First-time DUIs
- Repeat offenses
- There are some additional charges that come with aggravated DUIs. These are high BAC, serious injury or death, or having a child in the car.
- DWAI
- UDD
- Vehicular Assault
- Vehicular homicide
First-Time DUI Penalty
- Time in jail
- Fines
- Alcohol classes
- MADD Victim Impact Panel
- Community service
- License revocation period
- Probation
- Restitution for the chemical test or property damage
The sentence depends on the BAC at the time of arrest. For example, a BAC of 0.20% or higher will result in mandatory jail time even on a first offense. All DUI offenders must also complete alcohol education and treatment programs which can be time-consuming and expensive.
Beyond the sentence, a first-time DUI has long-term consequences. It will stay on your driving and criminal record forever which can affect your insurance and job prospects. A good DUI defense lawyer can help you through this and minimize the impact on your life. Beating the case, completing a deferred sentence, or pleading to a charge other than alcohol are the only ways to get it off your record.
Not drinking and not using drugs, not using excessively and not adhering to sobriety monitoring conditions are also part of the court’s requirements for first-time offenders. Meeting these conditions is to avoid further legal trouble and to complete your probation.
Repeat DUIs
Repeat DUIs have much harsher penalties than first-time offenders. People with multiple DUIs face longer jail time, higher fines, and longer license suspension.
A second DUI has a mandatory minimum 10 days in jail plus all other requirements. A third DUI has a mandatory minimum 60 days in jail. A fourth or more DUI is a Class 4 felony which can be 2-6 years in prison and mandatory parole on prison sentences.
Repeat offenders also face collateral consequences such as a lifetime revocation of a commercial driver’s license (CDL), higher insurance rates, community service, alcohol treatment, sobriety monitoring and a permanent criminal record.
Aggravated DUIs
Some DUIs in Colorado have circumstances that make the offense more severe and make the case even harder to resolve. These include high BAC over .20%, having a child in the vehicle (child abuse), or causing serious injury or death (vehicular homicide and vehicular assault). The penalties for aggravated DUIs are much harsher, often longer jail or prison time, higher fines, and more probation.
Colorado DUI Laws and Penalties
Colorado has some of the toughest DUI laws in the U.S. with penalties designed to prevent impaired driving and protect the public. These laws make it illegal to operate a vehicle under the influence of alcohol and/or drugs or with a BAC of 0.08% or higher. The penalties for a first-time DUI are:
- Time in jail
- Fines
- Community service
- License revocation
Plus first-time DUI offenders may be required to install an ignition interlock device on their vehicle.
Driving while ability impaired (DWAI) with a BAC of 0.05% to less than 0.08% is an unclassified misdemeanor traffic offense in Colorado. Repeat offenses or DUIs with aggravating factors such as serious injury or death can be elevated to a felony. A first-time refusal to take a DUI chemical breath or blood test can result in a 1-year license revocation.
The only way to avoid a license revocation/suspension for a DUI under Colorado state law is to resolve both the criminal case and the DMV administrative case favorably.
Important: DUIs in Colorado are on your criminal record and driving record forever. This permanent record can have long-term effects on your life including employment difficulties, higher insurance rates and travel restrictions. Understanding the Colorado DUI laws and penalties is key to building your defense and minimizing the impact of a DUI on your future.
How to Choose the Best DUI Lawyer ?
Who to choose? Here are some factors you could consider during your search for representation.
- Is the lawyer a former DA or public defender who has handled thousands of DUIs before they went into private practice?
- Someone who has years of experience in DUI cases in their practice
- What percentage of their practice is dedicated to DUI defense so you know they specialize in this area
- Are they trained and a member of organizations like the National College for DUI Defense?
- What is geographic practice area? Are they local to the area where you received your charges?
These are just a few factors to consider when begining your search for the best DUI lawyer for you.
A few other factors to consider when beginning your DUI lawyer search:
- What is their success rate in reducing or dismissing DUIs for clients?
- Check references and online reviews from past clients to see what they say about the lawyer.
- Meet with several lawyers for free consultations to compare their approach and fees.
- Discuss the costs/fees upfront so there are no surprises.
- Are you paying hourly? Flat fee? Are payment plans available? Are there additional trial fees?
I highly recommend meeting with potential lawyers in person to discuss their plan for your case and see how you feel about them. You are putting your future in their hands, don’t put that in someone you don’t feel comfortable with.
Why Legal Representation Matters in DUI Cases
Having a lawyer in a DUI case can make all the difference. A good DUI lawyer can:
- Obtain a dismissal, not guilty verdict, or plea deals to reduced charges
- Know the court rules and procedures to protect your rights throughout the process
- Challenge errors in police reports or charging documents which can be the key to defeating the prosecution’s case
To build the best defense for your case you need to be honest and upfront with your lawyer. Your defense lawyer can:
- Navigating the system
- Getting the best result
- Having a lawyer with experience and knowledge on your side
A good lawyer can also present mitigating factors to the DA and the court.
Common DUI Defenses
DUI defenses often include questioning the reliability of witnesses, the validity of the tests and the legality of the stop. Good DUI lawyers know the flaws in the testing procedures and can poke holes in the prosecution’s evidence. For example, studies have shown that breath tests on diabetics can show BAC levels that are artificially high, making the test results unreliable.
Defense lawyers may also question the accuracy of blood or breath test machines, citing improper calibration or maintenance. Recreating and challenging field sobriety tests with experts can be a winning DUI defense. Nobody is perfect, certainly not police officers making a quick determination of intoxication at 2 AM, in the cold, in the dark, on a busy street. In many cases I have seen human error on DUI cases result in dismissals and/or reduced charges.
A good DUI defense often:
- Filing discovery requests to get important evidence
- Reviewing patrol car and body cam videos, 911 calls, and radio dispatch recordings to find defense-friendly evidence
- Focusing on these issues to show the weaknesses in the prosecution’s case
- Getting charges reduced or dismissed
By following these steps, a law firm can build a defense.
Consequences of a DUI Conviction
A Colorado DUI conviction has serious and long-term consequences. Some of those consequences are:
- A permanent notation on your criminal record that can be found during background checks by employers, landlords, and financial aid officials. This can make it tough to get a job especially if the job requires a clean record or involves driving.
- Jeopardizing your current job if it involves a commercial driver’s license.
- Higher insurance rates and possibly being dropped by your insurance company.
- Suspension or revocation of your driver’s license.
- Mandatory alcohol education or treatment programs.
- Fines, court costs, and other legal fees.
- Jail time especially for repeat offenders.
You should know the consequences of a DUI conviction and seek legal help if you are charged.
The financial costs of a DUI conviction are also significant. Besides the immediate fines and court costs, individuals often face:
Free Consultation: What to Expect
During a free consultation with a DUI lawyer, both parties get to know each other. The lawyer will ask you questions about your case, such as what happened during the arrest, what tests were taken and any prior DUI charges. This initial meeting, usually 30 minutes to an hour, gives the lawyer a chance to see what defense strategies are available.
From your end, the consultation is a chance to see if the lawyer is right for your case and establish an attorney client relationship. Prepare by gathering all your information and writing down any questions you may have. Common questions might be the lawyer’s experience with DUI cases, their success rate and their approach to your defense. This two-way conversation will make sure you are informed and comfortable with your choice of lawyer.
Good DUI Defenses
Experienced DUI lawyers have gotten good results in many cases by challenging evidence and using solid defense strategies. For example, challenging the officer’s reasonable suspicion for the traffic stop can get the charges dismissed. Paying attention to the details often reveals holes in the prosecution’s case and opens up a defense.
Some of my DUI cases have taken over a year to resolve, requiring a lot of time and effort to get a good result. This is not the norm, we usually spend 4-6 months on a case from start to finish. DUI cases involve gathering a lot of evidence, filing motions and challenging every piece of the prosecution’s evidence. DUI lawyers can navigate these legal complexities and get good results for their clients.
In every case we hope to get a dismissal or not guilty verdict. But that’s not always possible, we work to get good pleas for reduced charges and penalties.
A DUI arrest can be overwhelming but knowing the process and having the right lawyer can make a big difference in your case. Choosing an experienced DUI lawyer, knowing the types of DUI offenses and the common defenses can’t be emphasized enough.
Remember, the right DUI lawyer can make all the difference, so choose wisely and take control of your future.
Frequently Asked Questions
1. What to do immediately after a DUI arrest?
After a DUI arrest you should contact a criminal defense lawyer ASAP, take notes of what happened and gather all your documents and deadlines for hearings.
2. What are the penalties for a first time DUI in Colorado?
If you get a first time DUI in Colorado you could be facing:
- Jail time
- Fines
- License revocation
- Mandatory alcohol education
- 5 days to 1 year in jail
- $600 to $1,000 in fines
- 2 years probation
- Revocation of your license and interlock
- 48-96 hours of community service
- Alcohol education and therapy
- Minor (under 21) drivers have their license revoked for a year.
3. How can a DUI lawyer fight the evidence against me?
A DUI lawyer can fight the evidence against you by challenging the legality of the traffic stop, challenging the tests and cross examining the prosecution witnesses about what happened. The best DUI lawyers are very good at creating reasonable doubt.
4. What are the long-term consequences of a DUI conviction?
A DUI conviction will give you a permanent criminal record, making it hard to get a job and potentially losing professional licenses or driving privileges. It can also increase your insurance rates, travel restrictions and immigration consequences.